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Immigration 101: H-1B Temporary Work Visas

http://shusterman.com This presentation explains the requirements for H-1B visas. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html H-1B visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher. Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery. However, the following are cap-exempt: * Working "at" an institution of higher education; * Non-profit employers which are "affiliated" with or "related" to institutions of higher education; * Non-profit research organizations * Governmental research organizations In addition, physicians who have received J waivers are not subject to the numerical cap. Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. This video discusses LCAs, cap-exempt H-1Bs, extension of stay, change of status, change of employers and post-6th year H-1B extensions. For more information, please see our H-1B Visa Guide at http://shusterman.com/h1bvisaguide.html

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Immigration 101: H-1B Temporary Work Visas

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  1. Immigration 101: H-1B Visas Immigration Attorneys Carl Shusterman Raj Iyer

  2. Requirements for H-1B Status • Job Must Require 4-Year Degree • Applicant Must Possess Such a Degree Or Equivalent Experience • Prevailing Wage Requirement

  3. Cap-Subject H-1B Visas • General Cap – 65,000 per Year • Advanced Degree Cap - 20,000 per Year • 6,800 H-1B Visas for Chile & Singapore

  4. When to Apply for Cap-Subject H-1Bs • Starting April 1stEach Year • For Employment Starting on October 1st

  5. Cap-Exempt H-1B Visa Employers • Working “at” Universities • “Related” or “Affiliated” Non-Profit Entities • Non-Profit Research Organizations • Government Research Organizations

  6. Cap-Exempt Persons • Most Physicians With J Waivers • H-1B Workers Seeking Extension of Status • H-1B Workers Seeking Change of Employers

  7. Procedure for Obtaining H-1B Status • Labor Condition Application (LCA) • Credentials Evaluation • Form I-129 Petition and Fees • Change of Status in U.S. or Obtain H-1B Visa Abroad

  8. How to I-9 New H-1B Employees • List A Documents: • Beneficiary’s Foreign Passport • H-1B Approval • I-94

  9. I-9 for H-1B Continuing Employment • Submit Extension Petition to USCIS before H-1B Expires • Write “240 days Extn.” and Date Form I-129 was Submitted to USCIS in Margin of Form I-9 Next to Section 2 • Upon Approval: Reverify Employee’s Employment Authorization in Section 3

  10. I-9 for H-1B Change of Employer (Porting) • AC 21 H-1B Employee Changing Employers can Work for New Employer once H-1B Filed • I-9:  Use  Employee’s Previous  I-94 and Passport, Write “AC 21” and Date Form I-129 was Submitted to USCIS in Margin

  11. F-1 Students with OPT • F-1 Students with OPT can Continue to Work after H-1B Petition Filed if OPT was Valid at Time of Filing • Period of Employment is Automatically Extended until September 30

  12. “Cap Gap” H-1B filing • If OPT was Not Valid at Time of H-1B Filing, F-1 Students can Continue to Stay in U.S. if H-1B Petition was Filed within “60 Day Grace Period” after OPT Expiry

  13. Alternatives to H-1B Visas • TNs for Canadians & Mexicans • E-3 Visas for Australians • L-1B, J-1, H-3, etc.

  14. Questions?

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